JAYABRATA BOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the final order dtd. 3/9/2021, passed in OA No. 862/2019 by the learned Central Administrative Tribunal (hereinafter referred to the CAT'), Principal Bench, New Delhi.

(2.) In brief, the case of the petitioner is that he was a Group 'A' Government officer posted in Delhi and his wife, who is an employee of Indira Gandhi National Open University (IGNOU), also posted at Delhi and she was allotted a residential accommodation since July, 2003. Petitioner was residing with his wife but on 15/5/2007, he informed his department that he had shifted to his own flat at Shipra Sun City, Indirapuram, Ghaziabad but his wife continued to stay at her official accommodation in IGNOU Campus due to her work-related exigencies. The petitioner was granted House Rent Allowance (HRA) w.e.f. May 2007.

(3.) On 3/3/2016, when petitioner was posted in Delhi Milk Scheme, a complaint was made regarding HRA being claimed by the petitioner. The authorities then decided that petitioner is not entitled to HRA as per para 5 (c) (iii) of HRA Rules, as his wife was employed in IGNOU. Further, payment of HRA was stopped and recovery of the already disbursed amount of Rs.13,76,697.00 for the period from May, 2007 to March, 2017 was ordered to be made.